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Michigan’s Tenth Amendment defiance of Trump and the GOP

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In the name of “fixing” the illegal immigration problem and improving national security, Trump and the GOP have advanced a host of legislative initiatives that even Barack Obama would love.

One such initiative was the re-authorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA) back in January. Forced through Congress by Mitch McConnell and Paul Ryan, FISA 702 was renewed for six years, despite concerns that, according to Rep. Justin Amash (R-MI), it allows the government to conduct warrantless electronic searches in violation of the Fourth Amendment.

Thought originally originated during the Cold War, FISA has grown since 9/11 into a weapon used by agencies such as the NSA to spy on anyone, anytime, anywhere. Even though these abuses were common knowledge—leading to the passage of the USA Freedom Act to rein in the government’s abuse of power—big government progressives within the GOP joined hands to let the feds keep their unconstitutional power.

Though Amash’s efforts to protect our Constitutional rights failed in Congress, local leaders in his home state recently exercised their Tenth Amendment rights by passing a law telling Trump and the GOP where they can get off when it comes to FISA 702.

This past Monday, Governor Rick Snyder signed a bill prohibiting the state from providing “material support or resources to a federal agency to enable it to collect, or to facilitate in the collection for use of person’s electronic data” unless one of five conditions are met:

(a) The person has given informed consent.
(b) The action is pursuant to a warrant that is based upon probable cause and particularly describes the person, place, or thing to be searched or seized.
(c) The action is in accordance with a legally recognized exception to warrant requirements.
(d) The action will not infringe on any reasonable expectation of privacy the person may have.
(e) This state or a political subdivision of this state collected the electronic data or metadata legally.

State Rep. Martin Howrylak (R), the sponsor of HB4430 which passed 108-1 in the House and 37-0 in the Senate, explained the bill:

“This reform safeguards the fundamental rights of all Michigan residents, who are guaranteed protection of their property and privacy rights by the Fourth Amendment of the US Constitution. Michigan will not assist the federal government with any data collection unless it is consistent with the Constitution.”

FISA 702 empowers a secret court to rubber-stamp general warrants that authorize spying on broad swaths of Americans without probable cause. Typically, this authorization lets the government spy indiscriminately on all landlines, mobile devices, and desktop computers in a given area.

Obviously, Trump and the GOP can’t be trusted to protect and defend the Constitution. It’s up to the states to exercise their Tenth Amendment rights to do what Trump and the GOP are unwilling to do.


Originally posted on The Strident Conservative.

David Leach is the owner of The Strident Conservative. His daily radio commentary is nationally syndicated with Salem Radio Network and can be heard on stations across America.

Follow the Strident Conservative on Twitter and Facebook. Subscribe to receive podcasts of radio commentaries: iTunes | Stitcher | Tune In | RSS

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Immigration

Will Trump suspend the Constitution to build his wall?

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Will Trump suspend the Constitution to build his wall

What do martial law, illegal immigration, and using the military as a national police force have in common with Barack Obama and Donald Trump? Possibly more than you realize.

After years of failing to fix the illegal immigration problem and Obama’s abuse of executive orders, there were conspiracy theories being spread by people like Alex Jones at InfoWars.com that Obama was laying the groundwork to declare martial law and cancel the 2016 election.

Of course, that never happened, although I sometimes wish it had (just kidding, no letters please). But with the obvious assault on our Constitutionally protected, God-given rights increasing with every passing day, and with Trump’s ignorance of the Constitution, we need to ask ourselves if something like that could still happen.

Trump convinced America to vote for him in 2016 based on his promise to build a “big beautiful wall” on our southern border and have Mexico pay for it. Yet, after two years, no such wall exists, and Mexico has let Trump know in no uncertain terms they have no intention of financing one.

As a result, all of the problems associated with illegal immigration not only still exist, but they’ve gotten worse. On top of that, Trump is busy gearing up for another four years as president … or more.

Trump has often joked about being president beyond the Constitutionally allowed eight years, but recent comments about his border wall would seem to indicate that he’s not all that concerned about any limitations placed on him by the Constitution he once called “archaic.”

On Tuesday, Trump bragged about the success he was having with the wall even though it doesn’t exist while issuing this threat. “If the Democrats do not give us the votes to secure our Country, the Military will build … the Wall.”

In essence, Trump is saying that he will play the role of dictator by ignoring Congress and using the military to force his will, a threat he also made earlier this year.

Such an action would turn the military into a national police force, but it would also require some manipulation of the Constitution. Trump can’t simply shift Border Security funds from the Department of Homeland Security to the military without Congress, unless he declares a national emergency.

Such a declaration would suspend the limits placed on the president by the Constitution and allow him to use the military as he sees fit without Congressional approval such as he did when he sent thousands of troops to the border to deal with the migrant caravan in October.

In a survey released in the summer of 2017, a majority (52%) of respondents supported the idea of postponing the 2020 election if Trump needed to declare a national emergency to deal with the immigration problem.

It looks like Trump might just take them up on the offer.

Originally posted on StridentConservative.com.

 


David Leach is the owner of The Strident Conservative. His daily radio commentary is distributed by the Salem Radio Network and is heard on stations across America.

Follow the Strident Conservative on Twitter and Facebook.

Subscribe to receive podcasts of radio commentaries: iTunes | Stitcher | Tune In | RSS

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Politics

The administrative state is far too powerful

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The administrative state is far too powerful

The administrative state is essentially a loophole in government that gives citizens no recourse. We don’t elect them. We can’t expect Congress to do its job. What are we supposed to do?

Philip Hamburger took to PragerU to deliver one of the most important talks the channel has had in a while. The dangers inherent to unelected bureaucrats and their fiefdoms is real and must be addressed now.

We can’t vote them out. Capitol Hill has abdicated. The founding fathers would be ashamed of the administrative state that holds too much control. Philip Hamburger and PragerU have made a must-watch video. The question is, how do we fix this?

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Guns and Crime

Will the left finally admit that gun confiscation has failed to keep people safe?

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Will the Left finally admit that gun confiscation has failed to keep people safe

Shouldn’t the gun confiscation crowd admit that depriving the people of the right of self-defense hasn’t kept people safe?

That didn’t take long. In many cases it’s easy to predict how long a news story will stay in the headlines. Yesterday, December 11, 2018 a terrorist shouting “Allahu Akbar” attacked a Christmas market in the French city of Strasbourg.

French police release image of Christmas market attack suspect

https://news.sky.com/story/one-dead-in-french-christmas-market-shooting-11578206The killer, who opened fire with a handgun and used a knife to stab people, is still on the run after he was shot in the arm during a gunfight with police.

He escaped in a taxi and there are concerns he may have fled to Germany where vehicles are now being checked at the border.

Chekatt has 27 convictions in France, Germany and Switzerland, said prosecutor Remy Heitz.

In less than 24 hours, the story has almost dropped from the headlines. Had this taken place stateside, the liberty grabbers on the left would have exploited the tragedy for maximum political gain within minutes. The problem is this didn’t take place in the states, but rather in a locale with strict controls on freedom. The perpetrator also used a handgun and used a knife instead of an evil black rifle. Finally, the killer made his motives clear by what he shouted.

Therefore, it was adverse to the left’s ‘gun reform’ agenda of gun confiscation. Nothing that could be construed at least at present as being an ‘assault weapon’ or whatever the term is this week. Lastly, the evidence points to this being Islamic terrorism. Even though the manhunt continues as this is being reported, the point remains. This was an obvious failure of the left’s gun confiscation agenda and it shows the threat of Islamic terrorism so the story has virtually disappeared.

Location, location, location

Compare the coverage of this story with a similar situation of a shooting in the states. Most likely the refrain would have been this only happens in the states because of the NRA or GOA wants to keep liberty and the right of self-defense. Most assuredly, they wouldn’t have phrased it that way, since they still have to keep up the fiction that they are ‘liberal’ in some form or another. It would have been couched in terms of ‘gun reform’ or ‘gun safety’ or whatever the terms happens to be this week.

Liberty grabber plans after their take-over of the House of Representatives

Since we’re on the subject, take note of the plans of the leftist liberty grabbers to denigrate the common-sense human right of self-preservation come January when they take-over the House of Representatives. As reported in the Hartford Courant:

Gun control advocates optimistic new Congress will act on their agenda

https://www.courant.com/politics/hc-pol-blumethal-murphy-newtown-guns-20181206-story.htmlBut now Democrats will seize the reins and plan to press for votes on measures that would tighten federal gun laws after the new Congress begins work in January. Once ignored, key proposals, including the expansion of FBI background checks of gun purchasers, are now likely to pass the U.S. House with its new Democratic majority.

On Thursday, House Democratic leader Nancy Pelosi, D-Calif., who hopes to be the next House speaker, said “we will pass common sense gun violence prevention legislation soon, and … it will be bipartisan.”

Why does a failure in government overreach have to mean even more government overreach? From now on, it should be incumbent on the politicians to carefully explain why they need even more control over our lives. They need to show their work in just how some new ‘solution’ is supposed to solve the problem. This would include citing examples of unbiased reportage on similar ‘solutions’ from other locations that have actually worked.

Rapid firing rifles, oh my!

Then in the same article, a chilling turn of phrase on the issue of ‘the rapid firing of rifles’:

Other bills that will be keyed up for votes include … bans on “bump stocks” that allow the rapid firing of rifles and “3D” guns made with special printers and limiting magazines to no more than 10 bullets.

[Our emphasis]

Did everyone catch that? They are no longer referring to terms that have specific definitions such as automatic or semiautomatic fire. They are now referring to the speed of the operation of a weapon, not its functionality in select fire modes. We already know that they want to push the issue down the infamous slippery slope of government overreach. This means that they are signalling a change in rate of fire as a way of controlling our basic human Right of self-defense, as predicted by those opposed to Trump’s ‘meaningless’ surrender on the ‘Bump-Stock’ issue.

In other words, now that Trump and the NRA gave up an important point for absolutely no credit from the Liberty grabber community, they will use that inch’ and take it a mile. Instead of discussions of Automatic or Semiautomatic fire, the talking point will be on the ‘Rapid firing’ of guns as being too deadly. It should be patently obvious were the Liberty grabbers on the left will take it from there.

The Takeaway.

For too long the Left has taken the ‘throwing…papers up against a wall technique’ hoping that something will stick i.e. something will finally work. Meanwhile, the extent of our Liberty shrinks each time.

There is always a cost to every new idea of the Left. For every piece of legislation, there is an accompanying cost in Liberty and dollars. For the case of Leftist steps to gun confiscation, we citizens have a right to know how these measures will supposedly keep people safe. For far too long the Left has taken credit for making everyone safer without actually proving it. We are rapidly reaching the tipping point to gun confiscation, so from now on they have to prove that their draconian controls will work as promised. If they cannot, they shouldn’t attain more control over our lives.

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